September 9, 2015

Exemption No. 12800

Regulatory Docket No. FAA−2015−2610

Mr. William English

3853 Inverness Road

Fairfax, VA 22033

Dear Mr. English:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated June 3, 2015, you petitioned the Federal Aviation Administration (FAA) for an 

exemption. You requested to operate an unmanned aircraft system (UAS) to conduct aerial 

imagery and research and development of techniques and methods for the use of sUAS to 

support multi-modal transportation accident investigations.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the 3DRobotics DYI Quad, DJI Phantom 2 Vision, 

DJI Inspire 1, DJI Phantom 3, 3DRobotics Solo, and 3DRobotics X8.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 
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aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1

. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mr. William English is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Mr. William English is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the 3DRobotics DYI 

Quad, DJI Phantom 2 Vision, DJI Inspire 1, DJI Phantom 3, 3DRobotics Solo, and 

3DRobotics X8 when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 
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limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
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14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
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22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1

June 3, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”), 

William English, an aircraft accident investigator, (the “Applicant”), planned operator of small

Unmanned Aircraft Systems (“sUAS”) hereby applies for an exemption from the listed Federal 

Aviation Regulations (FARs) to allow commercial operation of sUAS to gather aerial imagery 

and perform research and development of techniques and methods for the use of sUAS to 

support multi-modal transportation accident investigations.

The requested exemption would allow the Applicant to safely, efficiently, and economically use 

commercial sUAS in the National Airspace System (NAS), so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA 

as required by Section 333.

Public Interest Justification:

As detailed in this document and appendices, the proposed operations would permit the use of 

small and relatively inexpensive sUAS under controlled conditions in airspace that is: (1) 

limited; (2) predetermined; (3) controlled as to access, and; (4) would provide an increased level 

of safety beyond that existing when manned aircraft are used to accomplish the same purpose.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s responsibilities to “...establish requirements for the safe operation of such 

aircraft systems in the national airspace system.” 

As described more fully below, the requested exemption would authorize the Applicant to 

perform commercial operations with sUAS that will provide the following benefits:

Perform aerial imaging to research and develop best practices and techniques to aid government 

entities and transportation industry stakeholders in the use of sUAS to better document and 

control transportation mishap sites. Dissemination of, and training on such research can reduce 

cost and increase efficiency and effectivity of mishap investigations, benefitting taxpayers and 

industry both economically and with increased safety.

Data gathered via these operations will enable the use of sUAS to support transportation mishap 
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site documentation, and will decrease congestion in the NAS along with reducing the noise and 

air pollution generated during traditional manned aircraft flight operations.

Manned aircraft image gathering creates a greater risk because the craft are much larger, have 

combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing 15 pounds or 

less and powered by batteries eliminates virtually all of that risk given the reduced mass and lack 

of combustible fuel carried on board. The sUAS will carry no passengers or crew and, therefore, 

will not expose them to the risks associated with manned aircraft flights. 

Use of sUAS reduces safety concerns when gathering data from inaccessible or unstable/unsafe 

areas. Operation of sUAS will substantially reduce the risk to life and property in the air, and on 

the ground, which is commonly associated with traditional manned aircraft flight operations or 

use of elevated work platforms (aka bucket lift, cherry-picker).

Similar to the current manned aircraft flight operations that have been conducted for many 

decades, sUAS used for similar tasks will not generate any new privacy issues.

The Applicant is experienced and qualified in transportation accident investigation as a current 

employee of the National Transportation Safety Board, however the Applicant is pursuing this 

request as a private citizen sole proprietor, not as a government agency or representative thereof, 

and will not operate under the provisions of Public Aircraft as described in 49 USC § 40125.

The name and address of the applicant are:

William English

3853 Inverness Rd

Fairfax VA 22033

703-447-5598

bill_english@verizon.net

Unmanned System Characteristics

The Applicant proposes to use a 3DRobotics Quad 2013, and a DJI Phantom 2 Vision, both 

small quad-rotor aircraft. Maximum gross takeoff weight of these aircraft does not exceed 15

pounds. Normal maximum operating speed of both aircraft does not exceed 20 knots. The 

aircraft are powered by four (4) electric motors, supplied by a 3-cell Lithium-Polymer battery 

providing maximum 12.6 volts with capacity not to exceed 7000 maH. The 3DRobotics aircraft 

carries an additional 3-cell, Lithium-Polymer battery, not to exceed 1000 maH to supply power 

for the payload gimbal and video transmitter. Both aircraft are equipped with telemetry allowing 

the pilot to monitor critical flight data in real time. Further details are described in the applicable 

regulation exemption requested and attached operating and maintenance procedures.

The sUAS will operate only in the pilot’s visual line of sight at all times. Such operations will 
3

insure that the sUAS will “not create a hazard to users of the national airspace system or the 

public ” per PL 112-95 Section 333(b). 

Given the small size and low speed of the sUAS involved and the restricted environment within 

which they will operate, the application falls within the equivalent level of safety in which 

Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs 

to commence immediately. Also due to the small size of the sUAS and the low altitudes in which

the sUAS will operate, approval of the application presents no national security issue. 

Pilot in Command (PIC) and support personnel

Applicant is the only PIC sought under this request. Applicant holds an FAA commercial pilot 

certificate, airplane single and multi-engine land, with instrument rating. Applicant holds an 

FAA Certified Flight Instructor certificate (expired), single and multi engine, and instrument 

ratings. Applicant has also recorded over 60 hours of flight time with the listed small quadcopter 

aircraft. Applicant has received training on sUAS operations from Unmanned Vehicle 

University. Applicant holds a current FAA second class medical certificate. Additionally, the 

applicant is employed as an air safety investigator with over 15 years experience, and was 

formerly employed as an Air Traffic Controller by the FAA. 

The Applicant’s certifications and experience clearly mitigate many safety risks associated with 

the exemption, and will be referenced in the applicable regulations listed below.

During the proposed operations, additional personnel may be used as Visual Observers and/or 

Payload Operators depending on the mission. All personnel used in these roles will have at least 

one of the below qualifications:

1. FAA or military pilot certificate

2. FAA or military ATC qualification

3. Air Safety Investigator qualification

The Visual Observer(s) will be responsible for monitoring the operating area for nonparticipating persons or vehicles, scanning for animal hazards, and scanning for air traffic. The 

VO(s) will also monitor mission participants to avoid hazards.

The Payload Operator (PO) will monitor the camera video feed via a dedicated display, and will 

have controls allowing manipulation of the camera gimbal. Additionally, the PO control 

includes an emergency “Return to Launch” switch, in the event the PO observes a hazard or nonparticipant via the video feed.

Operational Procedures and Limitations

The sUAS planned to be operated are multi-rotor aircraft each weighing less than 15 lbs., 

including payload. They would operate, under normal conditions, at a speed of no more than 20 
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knots. The principal construction materials of the sUAS aircraft are plastic and aluminum. 

Operations will be performed by the Applicant, as outlined below, to insure that the sUAS will 

"not create a hazard to users of the national airspace system or the public." 

The operation of sUAS by a knowledgeable professional will serve to enhance safety, add to the 

public benefit, and reduce environmental impacts related to current methods of manned aircraft 

flight operations. The Applicant will be bound by these limitations and conditions when 

conducting commercial operations under an FAA issued exemption:

Safety will be the first and foremost consideration in any sUAS operation. The applicant will be 

responsible for safe operation of the flight, and will be responsible for supervision of any support 

or participating personnel. 

The operation is intended to conform to the provisions of the FAA “blanket COA” unless 

otherwise specifically approved by the FAA. Flights will be operated within visual line of sight 

of the pilot, and never at a distance greater than 600 feet. Operations will be conducted during 

daylight hours, under visual meteorological conditions (VMC) only.

Maximum altitude will not exceed 200 feet and maximum operating speed will not exceed 20

knots.

Flight operations will maintain the following distances from airports:

 5 nautical miles (NM) from an airport having an operational control tower; or

 3 NM from an airport with a published instrument flight procedure, but not an operational 

tower; or

 2 NM from an airport without a published instrument flight procedure or an operational 

tower; or

 2 NM from a heliport with a published instrument flight procedure

Operations will not be conducted in restricted airspace and other areas, such as major cities, 

where the FAA prohibits UAS operations. Operations will not be conducted in areas in which 

the FAA does not recommend UAS operations, such as FDC NOTAM 4/3621 restricting flight 

in the vicinity of major sporting events, or FDC NOTAM 4/0811 avoiding flight near power 

plants and other critical infrastructure.

Flights will be operated in Class G airspace whenever possible. If operation in other airspace is 

required, the relevant controlling agency will be notified and any necessary permission obtained.

Operations will give right of way to all manned aircraft and will land as soon as safely possible if 

manned aircraft come within proximity of the operating area. Operations will avoid areas where 

manned aircraft can be expected to be descending through 500ft.

Aircraft will maintain a minimum horizontal separation of no less than one (1) mile from all 
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other manned or unmanned airborne aircraft unless that other aircraft is maintaining level flight 

or climbing at an altitude above 1500ft AGL.

Minimum crew for each operation will consist of the sUAS PIC. A Visual Observer and a 

Payload Operator will be utilized as appropriate for the mission. The VO and PIC will at all 

times be able to communicate by voice or walkie-talkie. The VO and PO will be briefed on how 

to initiate an emergency return-to-launch. 

Prior to an sUAS flight, an area of operation will be established. This area of operation will 

include a defined lateral and vertical area where the sUAS will operate. Safety procedures will 

be established for persons, property and applicable airspace within the area of operation. A 

buffer zone of 200 feet will be establish outside the operating area to remain clear of nonparticipating persons. The sUAS shall operate from a takeoff/landing site within the operating 

area, in close but safe proximity to the PIC or VO. 

Flight planning will include establishing an appropriate geo-fence in the sUAS software to limit 

the lateral and vertical flight; ensure that the most current maps of the operating area are loaded 

into the GCS computer or tablet, the battery monitor is configured correctly for the size of flight 

battery used, and the length of mission timed for completion with at least 20% battery power 

remaining. Both sUAS initiate an automatic return-to-launch on loss of signal from the 

controller, enabling simple and rapid safety mitigation.

The sUAS are equipped with:

1. APM 2.6 autopilot system with version 3.1.5 firmware.

2. DJI NAZA autopilot with version 2.04 firmware (includes geo-fence)

These systems are similar or equivalent to other approved systems including those in Exemptions 

11138, 11206, and 11617. Each sUAS will utilize GPS navigation, battery failsafes, return-tolaunch (RTL), and lost-link safety features, among other built-in safety features. The GCS or 

tablet display will be connected, by radio communication, to the sUAS during the entire flight, 

which will give the PIC flight information such as GPS position, altitude, battery remaining, and 

other telemetry information.

A briefing will be conducted in regard to the planned sUAS operations prior to operation at each 

new location. All personnel who will be performing duties within the boundaries of the area of 

operation will be present for this briefing.

All required permissions and permits will be obtained from appropriate state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 

Written, to include electronic, and/or oral permission from the relevant property owners will be 

obtained prior to an operation.

These operating procedures, keeping the sUAS operation well clear of any non-participating 
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persons or property, well clear of airports and other aircraft, and minimizing the risk to 

participants on the ground, provides an equivalent level of safety to manned aircraft.

Privacy Policy

All flights will occur over private or controlled access property with the property owner’s prior 

consent and knowledge. Any individuals whose images are taken will have expressed consent to 

being filmed or otherwise have agreed to be in the area where aerial photography will take place. 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

William English, an accident investigator, hereby provides pursuant to 14 CFR Part 11 an

exemption application to allow commercial operation of sUAS to gather aerial imagery and 

perform research and development of techniques and methods for the use of sUAS to support 

multi-modal transportation accident investigations. All of which are critical to the well-being of 

the general public. 

The regulations from which the exemption is requested are as follows:

14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2) & (c); 14 C.F.R. 

91.103; 14 C.F.R. 91.109(a); 14 C.F.R. 91.119; 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 

C.F.R. 91.203(a) & (b); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 

C.F.R. 91.417(a)

This section discusses each rule listed above and explains why exemptions pursuant to the 

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in 

the public interest.

The FAA has granted similar relief under Exemptions 2689F, 5745, 8607, 8737, 8738, 9299, 

9299A, 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, 10167, 10167A, 10602, 10673, 10700, 

10808, 11206, 11213, 11138, 11456, 11617, and 32827.

14 CFR Part 21, Subpart H, and 14 CFR § 91.203(a)(1): Airworthiness Certificates

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Given the small size of 

the aircraft and the limited operating area associated with its utilization, it is unnecessary to go 

through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed 

current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, 
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upon consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the sUAS involved.

In this case, an analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The 

sUAS weighs typically less than 15 lbs., and always less than 55 lbs. fully loaded. It will not 

carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively within a

controlled access area, monitored by the operator, pursuant to the conditions set forth above, and 

by local public safety requirements. The sUAS provides at least an equivalent, and most likely 

exceeds, the level of safety to that of such operations being conducted with conventional aircraft 

that would be orders-of-magnitude larger, would be carrying passengers, cargo, and flammable 

fuel, and would make additional transit flights to and from the operating area.

14 CFR § 91.203(b) states that “No person may operate a civil aircraft unless the airworthiness 

certificate required by paragraph (a) of this section or a special flight authorization issued under 

§91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.”

The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot.

Therefore, there is no ability or place to carry certification and registration documents or to 

display them on the aircraft. 

As the Ground Control Station is part of the unmanned aircraft system, an equivalent level of 

safety will be achieved by keeping these documents, to the extent they are applicable to the 

sUAS, at the ground control station, or electronic copies on the GCS computer, where the pilot 

flying the sUAS will have immediate access to them. 

14 CFR. § 45.23 & 91.9(c): Marking of the Aircraft

14 CFR § 45.23(a) provides that each operator of an aircraft must display on that aircraft marks 

consisting of the Roman capital letter “N” (denoting United States registration) followed by the 

registration number of the aircraft. 14 CFR § 91.9(c) provides that no person may operate a 

U.S.-registered civil aircraft unless that aircraft is identified in accordance with part 45 of this 

chapter.

The sUAS has no entrance to the cabin, cockpit, or pilot station on which the markings can be 

placed. Given the size of the sUAS, two-inch lettering will be impossible. Official marking 

systems for sUAS have not yet been established for operations inside the NAS. The applicant is 

prepared to mark the sUAS with the registration number if applicable, name of the applicant and 

contact information, and fulfill any other request by the FAA relevant to this topic in accordance 

to § 45.29(f) where the pilot, observer, and others working with the sUAS will see the 

identification.
8

14 CFR § 91.9(b)(2): Flight Manual

This regulation provides that no person may operate a U.S.-registered civil aircraft for which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is 

available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof.

The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. 

Therefore, there is no ability or place to carry these materials on the aircraft. 

As the Ground Control Station (GCS) is part of the unmanned aircraft system, an equivalent 

level of safety will be achieved by keeping these documents, to the extent they are applicable to 

the sUAS, at the GCS, or electronic copies on the GCS computer, where the pilot flying the 

sUAS will have immediate access to them. 

14 CFR § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. Should the exemption be granted allowing commercial operation of sUAS without an 

airworthiness certificate, no standard will exist for airworthiness of the sUAS. Given the size of 

the sUAS and the previous exemptions issued for similar sUAS, an equivalent level of safety will 

be achieved by ensuring compliance with the sUAS operating procedures, manuals, and safety 

checklists prior to each flight.

14 CFR § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved aircraft flight manuals do not exist for the aircraft an 

exemption will be needed. An equivalent level of safety will be provided by following a 

comprehensive preflight checklist. The commercially rated PIC will take all actions including 

reviewing weather, flight battery requirements, landing and takeoff area suitability, weight and 

balance, and all other actions specified in the operating instructions before initiation of flight. 

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) 

limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the 

surface, except over open water or sparsely populated areas. In those cases, the aircraft may not 

be operated closer than 500 feet to any person, vessel, vehicle, or structure.

Because aerial photography and inspection work must be accomplished at relatively low altitudes 

and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with 

which the sUAS are built. Also, no flight will be taken without the permission of the land owner 
9

or those who control the land. Because of the advance notice to the landowner, all affected 

individuals will be aware of the flights. Compared to aerial survey operations conducted with

aircraft or rotorcraft weighing far more than 55 lbs. and carrying flammable fuel, any risk 

associated with these operations will be far less than those currently allowed with conventional 

aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations of the sUAS will 

maintain separation between these sUAS operations and the operations of conventional aircraft 

that must comply with Section 91.119.

The sUAS will never operate at altitude higher than 200 feet AGL and all operations will occur 

during daylight hours under Visual Meteorological Conditions (VMC) only. 

The slow speed and low altitude of the sUAS limit the radius of impact of the vehicle in the case 

of an inflight failure. Using the maximum altitude of 200 feet, and maximum speed of 20 knots, 

a maximum ballistically calculated distance from the flight area is 115 feet. Adding a buffer 

zone for wind effects indicates that a safe buffer zone of 200 feet surrounding the operating area 

provides an equivalent level of safety. Flight operations will be conducted at least 200 feet from 

all non-participating persons, vessels, vehicles and structures, unless: 

1. Barriers or structures are present that sufficiently protect non-participating persons from debris 

in the event of an accident. The PIC will ensure that non-participating persons remain under such 

protection. If a situation arises where non-participating persons leave such protection and are 

within 200 feet of the sUAS, flight operations will cease immediately. and/or; 

2. The aircraft is operated near vessels, vehicles or structures where the owner/controller has 

granted permission and the PIC has made a safety assessment of the risk of operating closer to 

those objects.

The sUAS will remain within visual line of sight of the PIC and VO. Flight operations will be 

conducted in accordance with the FAA “blanket COA” (at least 5 nautical miles (NM) from an 

airport having an operational control tower; 3 NM from an airport with a published instrument 

flight procedure, but not an operational tower; 2 NM from an airport without a published 

instrument flight procedure or an operational tower; or 2 NM from a heliport with a published 

instrument flight procedure.) Flights will not operate over congested areas or other areas as 

specified by the FAA.

14 CFR § 91.121: Altimeter Settings

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level 

by reference to an altimeter that is set to the elevation of the departure airport or barometric 

pressure. The sUAS proposed under this application use both barometric pressure sensors and, 

when available, GPS altitude. When the sUAS is armed for takeoff, the altitude is “zeroed” 

relative to the elevation at the point of take-off, a known point close to the PIC. The sUAS used 

for this application are equipped with GCS software which indicates the mean sea level elevation 
10

of the takeoff point, and surrounding terrain.

The equivalent level of safety will be achieved by the PIC confirming the elevation or altitude of 

the launch site, and evaluating the surrounding terrain and obstacles during pre-flight planning. 

The altitude of the sUAS will also be displayed via telemetry on the GCS and will be monitored 

by the PIC during the entire flight operation. Additionally, geo-fencing features in the GCS 

software prevent the sUAS from climbing higher than a specified altitude above the takeoff 

point. The evaluation of the elevation of the takeoff point and surrounding terrain, line-of-sight 

nature of the operations, and monitoring and geo-fencing in the flight controller and GCS 

provide an equivalent level of safety.

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation outlines fuel requirements for beginning a flight in VFR conditions including a 

reserve of 30 minutes during the day and 45 minutes at night. The battery powered sUAS used in 

this application are limited to operations in controlled environments do not have flight endurance 

to meet this regulation. 

The applicant believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope 

of a prior exemption. Operating the sUAS without 30 minutes of reserve fuel does not engender 

the type of risks that Section 91.151(a) was meant to prevent given the size and speed at which 

the sUAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. 

The applicant believes that an equivalent level of safety can be achieved by maintaining 20% of 

reserve battery capacity, which would be more than adequate to return the sUAS to its planned 

landing zone from anywhere in its operating area. Both of the sUAS proposed in this application 

are equipped with battery voltage monitoring and current totalizers which constantly display a 

remaining voltage and percentage to the pilot. Further, automatic fail-safe features are activated 

at 20% of battery capacity to initiate a return-to-launch, or land, maneuver as appropriate.

Planned flights will be limited to approximately 10-12 minutes depending on weather conditions 

and maneuvers, and to ensure that the sUAS lands at the ground station with at least 20% of 

battery power remaining (as determined by the onboard monitoring system and the PIC), 

whichever happens first. In the unlikely event that the sUAS battery reaches a critical level prior 

to the launch point, it would simply land. Given its weight and construction material, and the 

slow speed of the landing maneuver, the risks are less than contemplated by the current 

regulation.

14 CFR § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter 
11

...” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) 

requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) 

requires the owner or operator to keep records showing certain maintenance work that has been 

accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval 

of the aircraft for return to service.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to this application. Maintenance will be accomplished by the 

applicant pursuant to the operating manuals and reference material. An equivalent level of safety 

will be achieved because these sUAS are very limited in size and will carry a small payload and 

operate only in restricted areas for limited periods of time. If mechanical issues arise, the sUAS 

can land immediately within the pre-determined operating area, and will be operating from no 

higher than 200 feet AGL. The operator will ensure that the sUAS is in working order prior to 

initiating flight, perform required maintenance and keep a log of any maintenance performed. 

Typical failures of small multi-rotor aircraft are related to battery conditioning. The applicant 

will maintain a log of battery charging cycle to detect diminishing battery health. Additionally, 

the sUAS used in this application are equipped with numerous built-in health tests for the flight 

controller, gyros, compass, GPS, radio links, and other critical components. Applicant’s 

familiarity with the aircraft, and experience in flight safety, demonstrates the equivalent level of 

safety and ability to maintain the aircraft in an airworthy condition. 

Conclusion

It is the applicant's belief that the size, weight, speed, operating environment, and operating 

procedures provide an equivalent level of safety or better when operating a sUAS for the public 

interest as outlined in Section 333 of the Reform Act. It is requested that the FAA issue an 

exemption to permit safe, legal, commercial sUAS operation by the applicant.

Respectfully submitted,

William English

3853 Inverness Rd. 

Fairfax, VA 22033

bill_english@verizon.net

Appendices:

3DRobotics checklists and documentation

DJI Phantom 2 Vision operating manual

FAA pilot certificate

Future aircraft acquisitions